Polo man released from custody after alleged battery victim tells judge he needs medical help, not jail

OREGON — A Polo man has pleaded not guilty to a felony charge of aggravated battery and misdemeanor charges of domestic battery and disorderly conduct stemming from a March 27 incident.

Andrew Emberson, 19, was released from custody April 3 after his defense attorney said he suffered from “cognitive issues” and needed mental evaluations rather than incarceration.

“Jail is not the place for someone with his disabilities,” Assistant Ogle County Public Defender Eric Morrow told Ogle County Circuit Judge John “Ben” Roe.

Emberson is charged with causing bodily harm to a person 60 years of age or older during a March 27 incident in his home, where he resides with family members. He is accused of taking an item from a woman, causing her fingernails to break.

Morrow said the alleged victim – a family member of Emberson – also wanted him released from custody so he could seek psychiatric care.

“She [alleged victim] does not feel that she is in any danger at all,” Morrow argued. “Conditions can be set for his release.”

Assistant State’s Attorney Melissa Voss argued that Emberson should be detained since the person he is accused of battering was a 71-year-old relative.

Voss also said the elderly family member did not have help at home to control Emberson and told Roe that a misdemeanor damage to property charge was also pending against the defendant. Voss also said another family member told police Emberson became angered, got in a vehicle and “raced up and down the street” without a driver’s license, as that family member shouted for someone to call the police.

“The defendant’s behavior is escalating,” Voss said.

But the elderly family member, who was in court during Emberson’s appearance, told Roe that medical appointments had been made for Emberson for next week and pleaded for him to be released from jail.

Roe agreed to release Emberson with conditions that he attend medical appointments, participate in recommended treatments or evaluations, take prescribed medications as ordered, and have no unlawful contact with the victim.

“The alleged victim wishes him to be released,” said Roe, adding that he had considered Emberson’s continued mental health issues when determining his release.

Emberson was released over Voss’ objection. Roe set Emberson’s next court appearance for 1:30 p.m. April 17.